Which EB5
Comparing EB-5 regional centers using Immigration Lawyers
March 8th, 2010
Should you compare EB5 investor visa projects with the help of a lawyer?

Should you compare EB5 investor visa projects with the help of a lawyer?

The situation is understandable; you are looking into the various regional center options for your choice of EB-5 program and are spending days, weeks maybe months (it may seem like a lifetime) searching the internet in an attempt to find information on the relative advantages, or just as importantly disadvantages, of the ever growing number of regional centers.

A number of the most experienced immigration lawyers do not provide guidance on choice of regional centers.  Instead they focus on the legal aspects of the EB-5 visa. Indeed there have been a number of seminars where leading EB-5 immigration attorney’s have stressed that Immigration Lawyers should not be providing advice on your choice of regional center – their focus should be on the actual legal immigration process.

So you continue to search for useful information; such as how many successful applicants have each center processed, however, how helpful is that statistic? For example, if a program has a high number of non-English speaking applicants what are the implications that are not readily apparent from the bare statistics?

When a web site quotes comparative statistics how up to date and accurate are those statistics and indeed how meaningful?  The US economy is still undergoing massive changes and regional center programs that were popular a couple of years ago, at a time of significantly higher returns, may require other considerations in the light of a more conservative attitude.

Another factor that is not readily apparent from the web is how are programs actually performing once fully subscribed? Have buildings been constructed, jobs been created, what issues have come to the surface and have investors had their monies returned?

If you are looking into regional center options for your choice of EB5 regional center independent, impartial information can be found on Which EB-5, contact Andrew Bartlett or Stephen Parnell to find out what they discovered on their visits to these regional center programs.

Andrew Bartlett and Stephen Parnell are authors of Green Card via the Red Carpet available on Amazon

 
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EB-5 Regional Centers – Look beyond the headlines
March 1st, 2010

headlinesIt is interesting to look beyond the headlines used to promote regional center programs.

Here are some example headlines we found and the reasons you need to explore deeper to expose ALL the details before you choose a regional center for your EB-5 visa.

1.    “The only Designated Regional Center in the U.S. controlled and supervised by State Government.”

The Regional Center investments that operate under the banner of a state can sometimes confuse prospective investors in terms of the implications of this status. For example, has the “State Government” any responsibility for repayment of the investment?  Some investors assume such designation may offer a safety net. Another question might be: What role does the state government play in the exit strategy regarding the then value of the investment?

Some regional centers, at different times, have made this claim. One program that operated under a State banner is reportedly the subject of litigation. This could raise raises questions as to how far the “state” supervised the program.

2.    “A 100% success record for EB-5 Visa approval and faster approval times.”

Many centers have a 100% successful track record, at least at I-526 stage. As regards faster approval times; centers generally get approvals within the USCIS average time lines however, for specific reasons relating to “Requests for Further Evidence” RFEs, and the nature of some programs, some centers have had longer approval times.

3.    “In 2009, a total of 4,218 wealthy investors from outside the U.S. successfully applied for and received an EB-5 visa. But many are left asking what has accounted for the recent interest the program has been receiving”?

Firstly a few points regarding these figures which may seem a little pedantic but are important for reasons that can be explained.

The figure quoted includes the spouse and children of the investors; it does not mean there were actually 4218 individual investments in regional centers.  -  Many investors have a spouse and at least one child so the number of actual investors is nearer a third of the total number of visas. Secondly, the figure for 2009 contains a substantial number who invested in 2008; delays in processing carried these over into 2009.

The main change to be aware of in the figures for 2009 is actually the nationality of investors, with a greater proportion of Chinese investors in particular. China has seen a significant sales focus by a number of regional centers and their agents based in China. This has meant certain programs have mainly Chinese investors whose particular motivation and awareness may have implications.

4.    “The regional center returned my investment in three years.”

Three years is generally unrealistic given current review times. That is unless the client is selling out at the moment their I-829 petition is approved. This could be extremely dangerous

Andrew Bartlett and Stephen Parnell are authors of Green Card via the Red Carpet. You can read excerpts of the book at our book website and/or contact the authors via Which EB5.

 
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EB-5 visa program provides ideal U.S. retirement option for foreign investors
February 20th, 2010
How to Retire in the U.S.A.

How to Retire in the U.S.A.

National newspapers and magazines have been publicizing the ways that the EB-5 visa program can provide the opportunity for many people’s lifelong dream to retire in the U.S.

Under this immigration program foreign nationals can make an investment of $500,000 in an approved American Regional Center program to obtain an immigrant visa and be eligible for a U.S. green Card.

Andrew Bartlett, Joint Managing partner of the leading specialist EB5 relocation advocacy company, Which EB5, advised Brian and Jane Thompson, a couple from Essex, England, on the EB-5 visa program. The Daily Mail reported that they targeted Florida as their ideal retirement spot, noting its low real estate costs.

We have kept in contact with the Thompsons and will update you on their lifestyle in Sarasota.

The State Department reports that the number of approved EB-5 visas has nearly tripled between fiscal years 2008 and 2009.

Andrew Bartlett and Stephen Parnell are authors of Green Card via the Red Carpet

 
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EB5 visa – The answer to your problems?
December 4th, 2009

It’s clear that despite all the concerns at the present time in the USA, particularly relating to economic uncertainty and the recession, The United States remain the country of choice for many affluent immigrants from countries throughout the world.

The EB-5 visa, by providing the security of permanent residence (green cards), has made a huge difference for many who, despite significant wealth, have previously not found a suitable visa route enabling them to work or retire in the USA.

Andrew Bartlett will be in Europe next week for a series of individual consultations and small group meetings. If you are interested in meeting in Europe in December to discuss your EB-5 visa options please email info@whicheb5.com for a full schedule and further details.

 
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EB-5 regional center pilot program non extension?
September 28th, 2009

We have received many requests for information regarding the renewal of the EB-5 regional center program. We have also seen a number of reports stating incorrectly that the program has been renewed.

While a program extension has passed the  House of Representatives, as yet this not been approved by the Senate, or signed off by the President. We will notify you once a bill is eventually passed renewing the program, which we believe will be the case whether it be for a temporary one month, one year, three or five year period.

We remain concerned when incorrect information is given out by regional centers, attorneys or other sources, particularly on such an important point, a point that may have such significant repercussions.

It is important to remember that even when an extension is finally granted, there are many additional points to consider, including the reliability of  regional center claims regarding obtaining green card I-526 approval, the removal of conditions regarding the I-829 and finally the return of your investment funds.

Our research department has looked into regional center claims and found some critical points that need very careful consideration before determining which regional center you chose.

Which EB5 research all regional centers, you make the same $500,000 investment and get independent experts at no cost to you. Our impartial advice has helped more than a hundred families obtain Green cards. Contact us for further information through this link or via email to info at whicheb5 dot com.

 
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Will the EB-5 pilot program be renewed or extended?
September 2nd, 2009

The truth of course is no one knows What we do know is that strong bi-partisan support exists for the EB-5 program to be made permanent. September 30th (the official sunset date for the existing law) is just around the corner. Later this month many members of the EB-5 community will be meeting in Washington DC to map out a plan of action to work with those in Washington in support of this program.

We have said before (Where Economic Development & Immigration Clash in Washington) that the EB-5 pilot program needs to be looked upon as an economic development program first and an immigration program second. We personally believe that the program is here to stay and that we will experience a lot of pent-up demand for information and guidance on regional centers investment programs in 2010.

If you are considering taking the EB-5 visa route to permanent residence in the U.S.A then our suggestion would be to start your due diligence now so that you are in a position to move forward immediately once an announcement is made regarding the future of the program. If you are already busy making choices regarding a regional center and/or immigration attorney it is worth consulting with us on whether you need to file now or wait until September 30th; various personal factors come into play in this decision which we will be happy to discuss with you. If you are already registered with us you can email us using the contact information already supplied. If you have not yet taken advantage of the information we can provide (most of which you cannot find anywhere else) then go ahead and register using this link.

Which EB5 research all regional centers, you make the same $500,000 investment and get independent experts at no cost to you. Our impartial advice has helped more than a hundred families obtain Green cards.

 
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E2 visa holder finds a positive alternative with the EB-5.
July 15th, 2009

For the past few days we have been looking at the reasons why the EB5 visa has been of interest to particular groups of immigrants – today we look at a further case study taken from one of our previous 100+ clients - this relates to a family who needed to change their current E2 visa which did not allow permanent residency in the USA.

The family had relocated to the USA on an E2 visa and had not been made aware of the less well known EB-5 visa at the time or that their children would have to leave the USA at 21. After a year of working in the E2 qualifying business a combination of ill health and business downturn raised concerns that they could be unsuccessful in obtaining renewal.

They were particularly concerned that their children would have to return home after successfully adapting to their school and lifestyle in the USA.

After a discussion with Andrew Bartlett and Tony Olson they looked at the EB-5 regional center pilot program in more detail. Project track record, speed of obtaining the green card and investment with a company that offered a specific exit strategy were important criteria. They decided to invest $500,000 in an established regional center that had a program providing development funds over five years for the expansion of a major state/city conference center, they were less concerned about the modest return on their investment as their focus was on a definitive exit strategy

The required funding for the $500,000 investment was provided by accumulated savings.

The I-526 approval took just over two months and the applicants received green cards a month later – the process taking a total of just over three months.We have continued to keep in touch and checked out issues that have cropped up with them for the benefit of new investors.

If you would like to discuss your case in more detail please contact the partners of Which EB-5.

 
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Who uses the EB-5 Visa - Case Study
July 6th, 2009

For the past few days we have been looking at the reasons why the EB-5 visa has been of interest to particular groups of immigrants – Today we look at a case study taken from one of our previous 100+ investors that relates to a couple who achieved their life-long dream to retire permanently in the USA.

A British couple who had spent many happy holidays with their children in Orlando Florida over the past twenty years had been looking at ways they might be able to retire permanently but were concerned that their only options apparently related to the E2 and L1 visas which either did not allow, or offer, the security of immediate permanent residence. They were also concerned that the immigration Attorneys they spoke to focused only on the legal aspects but were not really listening to their personal requirements including their wide ranging concerns on living their retirement in America.

After a meeting with Andrew Bartlett they decided to look at the EB-5 pilot program in more detail and with the husbands retirement in sight they decided to invest $500,000 in a limited partnership project in an approved and proven regional center. The program was for the improvement of a commercial warehouse project in a developing area of a major US city, the building has subsequently been renovated and leased generating a rental income of $30,000 a year.

The couple decided on a clean break from the UK, selling their British home and the rental properties they also owned which provided them with total net worth well in excess of the required (by the US government) million dollar figure along with ongoing retirement income from their years of employment.

The I-526 approval took several months and the couple were then interviewed at the U.S. Consulate in London and granted immigrant visas.

Following a further briefing with us covering key issues such as medical insurance, doctors, driving tests, shipping of their possessions and the pros and cons of different locations, they relocated to Venice Florida on the basis of the things to do, the quality of life and very competitive housing costs.

The couple have subsequently had their I-829 removal of conditions granted and have settled into the Florida way of life playing a lot of tennis and golf and making friends (making them more active and busier than they were in the UK) – Their grown up children and families visit them at least twice a year and they return to the UK when their grandchildren are on school holidays.

We have continued to keep in touch and checked out issues that have cropped up with them for the benefit of new investors, a key one being the exit strategy of the program they opted for in the light of the world downturn and subsequent attractive projects coming on the market.
If you are planning to retire permanently to the USA and are interested in the EB5 regional center pilot program you can contact us here.

 
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How to avoid potential problems with your EB-5 choices
May 27th, 2009

There is no way for you to gather the information you need if you don’t know what questions to ask.  Being new to the prospect of immigration and EB-5 investment, there is almost no way for you to know what those questions might be, unless you put the advantage of professional advising on your side.

Part of the job of that advisor is to spot potential problems and red flags.  There is really no telling what form those red flags might take, and this is in a way the “catch all” that is left when all other issues have been attended to.   That may sound as if we are being intentionally vague, but we are not; we are simply pointing out to you that there are certain things that will raise the awareness of a good advisor, and that will require further investigation.  These are issues that will be unique to the regional centers and projects that you are considering.  To the trained eye, these issues will be spotted quickly and will be very telling of the project and center’s operations, while to the untrained eye they would be easily glossed over by sales spiel and largely ignored until it is too late.

Realistically the potential problems and red flags that an impartial third party will find and address, and the ability to recognize those issues or lacking elements will come as a direct result of experience.  Being able to spot red flags and address them in a proactive way is a skill that is developed as one works with several regional centers and their projects over time, as well as the process and regulations regarding EB-5 immigration.  It’s not something that can be learned by reading and research alone—this ability comes from direct, hands-on investigations and information saturation of the sort that only time and involvement can bring.

In many ways, this ability to address the ethereal red flags and potential problems is the most valuable service that an experienced impartial advisor can deliver to you.  Throughout the entire process of regional center evaluation and investment it is not the known and obvious that will cause you problems—it is the unknown, the unquestioned, and undisclosed; but as we’ve said many times, given the complexity of investing and immigrating through the EB-5 visa, there is hardly a way for a single investor, or even small group of potential immigrants, to know exactly what to look for, or what information to trust.

If an impartial advisor, Immigration Advisor, or Immigration Consultant does not have these concerns, you should think twice about why that is.  Is it possible the advisor is not as impartial as you originally were led to believe?  Is there a conflict of interest?  Or is the advisor simply not that good at his or her job? 

These are things you want to consider to ensure you are getting value from the partnership, and also to ensure that the advisor has first and foremost your concerns at heart.  To be even more clear, and hopefully preempt these troubles entirely, we’ll look at how to find a good Immigration Consultant or third party advisor after we address a couple more issues wherein your impartial third-party advisor will certainly prove his or her worth.

Next, POTENTIAL IMPLICATIONS OF SOME REGIONAL CENTER PRACTICES AND POLICIES. In the meantime, if we can answer any of your questions please contact Stephen Parnell or Andrew Bartlett at Which EB5

 
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Hidden costs and fees of an EB-5 regional center investment visa aplication
May 26th, 2009

Most discussion around the EB-5 focuses on the amount of money you need to invest in order to qualify for the visa; what a lot of people do not realize, and what a lot of regional centers aren’t as quick to share, is that the total cost of your visa is not just a flat $500,000 or $1 million.  The total cost will be higher when all is said and done.

In addition to the requisite amount of your investment as determined by the USCIS and the project you are investing in, there will be an additional set of fees charged by the regional center.  This varies between each center, and is set by the administrators; these fees are in no way regulated by the U.S. government, and are entirely separate from your investment.  As a bare minimum, you are probably looking at something more in line with $540,000 just to get started on the process and investing.  This figure is arrived at by taking the minimum amount of $500,000 required by USCIS, and adding in the average basic fee of $40,000 that the regional center will charge in administrative and other fees.

Many of these fees are real reflections of costs of business and investment, and are justifiable.  They may be used for a variety of applications, including administrative fees and legal fees accumulated by the regional center in the course of processing and overseeing the project.  It is not that it is shady business for a regional center to charge a set of additional fees, and in fact this is the norm; the trouble comes when investors are not prepared for them, because they have only been given the bare basics of investment requirements.

The other problem that often arises is that investors are not told specifically what is and is not covered by the fees that are disclosed to them.  For instance, the legal fees charged are the fees incurred by the regional center for legal services—they are completely separate from the legal fees that you will incur for your own representation.  It is also not uncommon for an investor to be lead to believe or assume that the fees they are charged will cover all of their expenses with USCIS for application and petition fees, but this also is something separate that you need to be prepared for.

A true determination of the potential cost of doing business with a given regional center really only comes through a thorough analysis of the center’s costs and charges.  You need to know exactly what is and is not included in any fee structures, but then you also need to go beyond that published list and ask the questions the centers are hoping you would not think about (at least not until it is too late and they’ve already got you on the hook for $500,000 to$1 million!). Most of these, like project evaluation itself, are not questions that you would know to ask unless you have had extensive dealings with a number of regional centers, policies, and projects.  Potentially, any small variation from the “normal” application (which is usually to say, very basic and “by-the-book”, if such a thing exists) is grounds for additional charges and processing fees from the center.  There are myriad potential charges that should be discussed well ahead of any commitments or payments.

Both the published and the hidden costs and fees of a regional center need to be determined before you can make a real, informed choice of a regional center investment project.  Only when you know the real cost potentials will you know the real cost of doing business with the centers you are considering.  And only when you know all the costs of all the centers on your list do you have a real basis for comparison between centers and projects.  This is an overwhelming amount of information for one person to pursue and flesh out, but with the help of an experienced immigration consultant the information will be much more quickly forthcoming and provided in a way that makes comparisons easier, giving you the confidence to make a good decision.

Next we’ll look at potential problems and red flags associated with an EB-5 investment visa. In the meantime, if we can answer any of your questions please contact Stephen Parnell or Andrew Bartlett at Which EB5

 
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WhichEB5.com, its owners and associates, do not function as attorneys or legal counsel and do not attempt to interpret immigration law and do not provide or offer legal advice or legal services or investment advice. Anyone considering an Investment based Visa should seek independent professional advice. The information on this site is intended to be general and should not be relied upon for any specific situation. Any reference to designated regional centers on this website is posted as reference material only. For legal advice, please contact one of our attorneys. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each person.